HomeMy WebLinkAboutPDS-14-029A - Baraka Center of the Treasure Coast,~~
Re-Recorded to correct PDS number and to include pages missed on first recording.
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PDS Order No. 14-029-A
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~' MNSP 1120134692
AN ORDER GRANTING MINOR SITE PLAN
APPROVAL FOR A PROJECT TO BE KNOWN AS
BARAKA CEMETERY
WHEREAS, the St. Lucie County Planning and Development Services Director has
reviewed the application for site plan approval and reviewed the comments of the St. Lucie
County Development Review Committee on this application, and made the following
determinations:
1. Baraka Center of the Treasure Coast, Inc. presented a petition for a Minor Site Plan
project, to be known as Baraka Cemetery for the development of a Private Non-Profit
Cemetery located on the west side of Christensen Road, approximately 100 feet south
of West Midway Road, in the I (Institutional) Zoning District for the property depicted on
Exhibit A and described below in Part B below.
2. On July 2, 2014, through the adoption of Resolution 2013-117, the Board of County
Commissioners granted a Conditional Use Permit for the Christensen Road Cemetery,
to allow anon-profit cemetery to be located on the subject property, in I (Institutional)
Zoning.
3. The Development Review Committee has reviewed the site plan for the proposed
project and found, with the proposed conditions, it meets the technical requirements of
the St. Lucie County Land Development Code and has satisfied the standards of review
set forth in Section 11.02.07, Standards for Site Plan Review, of the Land Development
Code.
4. The project will not have an undue adverse effect on adjacent property, the character of
the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting
the public health, safety, and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the proposed
project on the immediate vicinity through building design, site design, landscaping, and
screening.
6. The project will be constructed, arranged, and operated so as not to interfere with the
development and use of neighboring property, in accordance with applicable district
regulations.
7. The project is to be served by on-site water service.
8. Planning Staff has performed a detailed analysis of the project and determined it to be
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3972391 07/03/2014 at 11:52 AM
OR BOOK 3649 PAGE 1903 - 1906 Doc Type: ORD
RECORDING: $35.50
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3970128 06/262014 at 11:52 AM
OR BOOK 3647 PAGE 959 -961 Doc Type: ORD
RECORDING: $27.00
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cgnsistent with the St. Lucie County Land Development Code and Comprehensive
Plan. The analysis is found in the Development Review Committee Final Report for the
Baraka Cemetery Minor Site Plan, dated June 13, 2014.
9. The applicant has applied for and received a Certificate of Capacity, a copy of which is
attached to this order, as required under Chapter V, St. Lucie County Land
Development Code.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the
proposed Minor Site Plan project known as Baraka Cemetery, is hereby approved as
shown on the site plan drawings for the project prepared by Friscia Engineering, dated
October 7, 2013, revised through April 14, 2014, and date stamped received by the St.
Lucie County Planning and Development Services Planning Division on April 30, 2014,
subject to the following conditions:
1. Within 90 days of this site plan approval, the applicant, owner or assigns shall
convey 10 feet of road right of way for Christensen Road. Manner and form of
conveyance shall be acceptable to the County Attorney.
2. Within 90 days of this site plan approval, the applicant, owner or assigns shall
execute an agreement to pay afee-in-lieu of construction fora 5 foot wide
sidewalk and remit t the required funds to St. Lucie County. The acceptable
method of payment shall be a certified check payable to St. Lucie County.
3. The terms and conditions set forth in Resolution 2013-117, granting conditional
use permit approval to the Christensen Road Cemetery, are incorporated herein,
and shall remain in full force and effect, unless amended consistent with Land
Development Code provisions.
4. Major or minor revisions to this conditional use Minor Site Plan approval may be
made consistent with the County's Land Development Code and the Conditions
of Approval set forth in Resolution 2013-117.
5. The project development and operations are subject to the terms and conditions
of the cemetery b_ ylaws date stamped by the Planning and Development
Services Planning Division on June 2, 2014. A recorded copy of the cemetery
bylaws shall be submitted to the County Planning and Development Services
Department prior to the issuance of zoning compliance. Future amendments to
the cemetery bylaws shall be submitted to the Planning and Development
Services Department for inclusion in the project file.
June 19, 2014
PDS No. 14-029
MNSP 1120134692
Page 2
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6. Prior to the issuance of a building permit, the applicant shall provide one (1) set
of signed and sealed plans for constructability review and approval by the
;_ . Engineering Division.
7. Final construction approval will not be provided until final signed and sealed
drawings are received for review by the Engineering Division.
8. Prior to issuance of a Vegetation Removal Permit or Exemption, apre-construction
meeting with ERD staff is required to verify tree protection measures have been
installed.
9. The issuance of County development permit does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and
does not create any~liability on the part of the County if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
10. All other applicable state or federal permits must be obtained before commen
of the development.
B. The property on which this Minor Site Plan approval is being granted is described as
follows:
LOT 100, LESS TRACT 208 FEET X 300 FEET IN THE NORTHEAST CORNER
AND LESS TRACT 208.71 FEET SQUARE TO BILLMAN AND LESS THE WEST
135.00 FEET, WHITE CITY SUBDIVISION, SECTION 5, TOWNSHIP 36 SOUTH,
RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 1, PAGE 23, PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA.
Parcel ID No.: 3403-502-0190-0005
Location: Christensen Road, approximately 100 feet south of West Midway Road.
C. The approvals granted by this administrative order shall expire on June 19, 2016,
unless a building permit is issued or an extension is granted in accordance with the
provisions of Section 11.02.06 of the St. Lucie County Land Development Code.
D. The Site Plan approval granted under this Order is specifically conditioned to the
requirement that the property owner, successor and assigns in interest, shall obtain all
necessary development permits and construction authorizations from the appropriate
State and Federal regulatory authorities including, but not limited to; the United States
Army Corps of Engineers, the Florida Department of Environmental Protection, and the
South Florida Water Management District, prior to the issuance of any local building
June 19, 2014 MNSP 1120134692
PDS No. 14-029 Page 3
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E. This Order shall become effective upon the date of approval indicated below. -Should
the property owner, developer or authorized agent wish to appeal any cond,~fi~n
described in Part A above, all such appeals must be filed in writing with the County,
Administrator within 30 days of the rendering of this Order, as described in Section
11.02.03(B), St. Lucie County Land Development Code. Should an appeal to this
Order be filed, no permitting reviews or further administrative action shall take place on
the processing of this development project until the appeal is resolved.
F. A copy of this Order shall be attached to the site plan drawings described in Part A,
which plan shall be placed on file with the St. Lucie County Planning and Development
Services Director and mailed to the applicant and agent of record as identified on the
site plan applications.
G. The conditions set forth in Part A are an integral nonseverable part of the site plan
approval granted by this Order. If any condition set forth in Part A is determined to be
invalid or unenforceable for any reason and the developer declines to comply
voluntarily with that condition, the site plan approval granted by this order shall become
null and void.
H. The Certificate of Capacity shall be valid for the same period as this order. If this order
expires or otherwise terminates, the Certificate of Capacity shall automatically
terminate.
I. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 19th Day of June, 2014.
PLANNING AND DEVELOPMENT
SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satterlee, AICP
APPROVED AS TO FORM
AND CORF~CTNESS: ,
BY
Count~/Attorney
June 19, 2014
PDS No. 14-029
MNSP 1120134692
Page 4
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St Lucie County
Certificate of Capacity
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'Date 6/]2/2014 Certificate No. 2939
This document certifies that concurrency will be met and that adequate public facility
capacity exists to maintain the standards for levels of service as adopted in the St
Lucie County Comprehensive Plan for:
1. Type of development Minor Site Plan
Number of units 0 Number of square feet
2. Property legal description & Tax ID no.
3403-502-0190-0005
Christensen Road, 100 feet south of W. Midway
Baraka Cemetery
3. Approval: Building Resolution No. PDS 14-029 Letter
4. Subject to the following conditions for concurrency:
See PDS Order 14-029 and Resolution 2013-117
Owner's name
Baraka Center of the Treasure Coast, Inc.
Address
2054 SW Providence PL
Port St. Lucie FL 34953
6. Certificate Expiration Date
This Certificate of Capacity is transferable only to subsequent owners of the same
parcel, and is subject to the same terms, conditions and expiration date listed herein.
The expiration date can be extended only under the same terms and conditions as the
underlying development orderissued with this certificate, or for subsequent
development orcl,~r(s) issued for the same property, use and size as described herein.
Signed / ~lliw/ ~.~ Date: 6/12/2014
Planning and Development Services Director
St Lucie County, Florida
Thursday, June 12, 2014